H1B extension PERM pending, Audit after 6 years

Anil Gupta  20 Feb, 19      0  USA Work in USA - H1B, L Visa

H1B Extension after 6 years with PERM Pending

If your PERM is pending for more than 365 days, you can apply for H1B 7th year extension for 1 year.

If your PERM is pending even after the 7th year due to PERM audit, you can again apply for H1B extension in 8th year for 1 year.

H1B Extension Based on PERM Approval

You can apply for 7th year H1B extension if the approved PERM was filed 365 days or more prior to H-1B Extension application.

If you are falling short of 365 days, attorneys recommend to use H1B recapture time to reach 365 day limit.

H1B Extension after 6 Years with I-140 Pending

You should upgrade your i140 application to premium processing and get result in 15 days if you are too close to 6 year limit.

The other option is to use H1B recapture time and try to make PERM applied date pass 365 days before H1B 6 year limit. By recapturing vacation time spent outside USA, you will quality for filing 1 year H1B extension.

H1B Extension after 6 Years with I-140 Approved

You can file H1B 3 year extension if your PERM and i140 are approved before the end of H1B 6th year. This is the best case scenario.

H1B Extension after 6 years
H1B Extension after 6 years

All these scenarios are possible due to the American Competitiveness in the Twenty First Century Act of 2000 (“AC21”) law allows H1B extensions beyond 6 years based on certain conditions.

H1B Extension beyond 6 year, No PERM Applied

If your employer has not applied for PERM and you are close to completing H1B 6 year quota, you can use H1B time recapture rule to extend your H1B.

H1B Recapture time

H1B recapture time means that you count all your vacation time spent outside USA and claim it to extend your H1B 6 year quota date.

Example:

You are working on H1B visa from 1 Jan, 2013 to 1 Jan, 2019 in USA. During your time in USA, you took 1 month (30 days) vacation each year to visit your family in India. 

This makes it 30 * 6 = 180 days vacation time outside USA. Your 6 year H1B quota will end on 1 Jan 2019 if you do not recapture vacation time.

You can recapture 180 days after 1st Jan 2019 to extend your US H1B stay till 30 June, 2019 by filing an H1B extension from 1 Jan 2019 to 30 June 2019.

How Much Time to File i140 after PERM Approval

PERM approval is valid only for 6 months. Your employer should file i140 within 6 months of PERM approval.